Delhi High Court Recognises Hermès Birkin Bag Shape As Well-Known Trademark

The Delhi High Court has declared the three-dimensional shape of Hermès’ Birkin bag, along with the “Hermès” name and stylised logos, as well-known trademarks in India. 

Justice Tejas Karia delivered the ruling in a suit filed by Hermès International against Macky Lifestyle Pvt. Ltd. for alleged unauthorised online sale of identical bags. 

The court relied on Hermès’ global reputation, trademark registrations, and consistent enforcement of its rights, both in India and abroad, to recognise distinctiveness and widespread recognition. 

The decision affirms protection under Section 2(1) (zg) of the Trade Marks Act, 1999, for the iconic bag shape and related marks, and includes a permanent injunction against unauthorised use.

[Hermes International & Anr. v. Macky Lifestyle Private Limited & Anr.]